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Terrorists, Pirates, and Drug Traffickers: Customary International Law and U.S. Criminal Prosecutions
As I discuss in my forthcoming book, International Law in the U.S. Legal System, regardless of whether customary international law has the status of self-executing federal law, it can play an important r... -
A Very Exciting New Entrant to Our Corner of the Blogosphere
This is very exciting: Shane Harris has a new blog: Dead Drop, a "blog about national security and Washington." Shane, for those readers unfamiliar with his work, is a national security features writer o... -
Guantánamo Turns 11...
To commemorate (if that's even the right word) the eleventh anniversary of the detention of non-citizens at Guantánamo, Oscar-nominated filmmaker Laura Poitras (whose work includes, among others, The Oat... -
Jen Daskal Argues Against Closing Guantanamo
Jennifer Daskal---who is a fellow at Georgetown law these days, after serving as NSD and working for Human Rights Watch---has a genuinely brave oped in the New York Times this morning entitled "Don't Clo... -
Agenda for the Next Session in the 9/11 Case
Fresh from the Guantanamo security scrub: an amended docketing order for the upcoming hearing, late this month, in United States v. Mohammed et. al. Judge James Pohl has set forth 23 motions for argum... -
The Lawfare Podcast Episode #23: Brig. Gen. Mark Martins on His Decision to Drop Standalone Conspiracy Charges Against 9/11 Defendants
In this special episode of the Lawfare Podcast, Military Commission Chief Prosecutor Brigadier General Mark Martins discusses his decision to recommend dropping conspiracy charges against Khalid Sheikh M... -
Today's Headlines and Commentary
In the New York Times, Scott Shane updates us on the Bradley Manning hearings, including some juicy details about evidence the prosecution plans to introduce: among other things, Wikileak-ed cables that ... -
Readings: Daniel Bethlehem on Principles Governing Self-Defense Against Non-State Actors
Former UK Foreign and Commonwealth Office Legal Adviser Daniel Bethlehem has just published an important piece in the latest issue of the American Journal of International Law. The article, entitled “Sel... -
The Merits of DOJ's Supplemental Brief in <em>Al Bahlul</em>
Yesterday, we posted the government's supplemental brief in the Al Bahlul military commission appeal in the D.C. -
Today's Headlines and Commentary
Yesterday the judge in the Bradley Manning trial found that the 9 months of solitary confinement he was subjected to was "more rigorous than necessary," and, as a result, credited 112 days toward a futur... -
Help Build the Wiki Document Library!
Lawfare, the web's premier source for news and analysis in national security law, is seeking interested and highly motivated law students to help build Lawfare's emerging Wiki library. Successful candida... -
On Secrecy in Habeas Cases: Opinion in Morafa
So begins this interesting opinion from the United States District Court for the District of Columbia, in a habeas case brought by Guantanamo detainee Mohammed Morafa: On a petition for a writ for habeas...
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